On the 14 February 2018, the First Instance Court delivered judgment in Case No. 6/2017. The Court granted the Claimant's claim and ordered the Defendant to pay the Claimant's “reasonable costs in the case” which, if not agreed between the parties, were to be assessed by the Registrar. The Claimant subsequently emailed the Registry stating that it had attempted to reach agreement with the Defendant on the issue of costs but “No response has been forthcoming". The email further requested that it should be treated as "an application for the Claimant's costs to be assessed by the Registrar".

The main issue was whether the costs sought by the Claimant were reasonably incurred and reasonable in amount. The Court stated it would have to consider proportionality; the conduct of the parties; efforts made to try and resolve the dispute without recourse to litigation; whether any reasonable settlement offers were made and rejected; and, the extent to which the party seeking to recover the costs had been successful.